Arpig -> RE: It seems I've heard this story before (9/19/2009 3:32:09 PM)
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Now on to the main question...what to do with the criminally insane. It depends really on just what form their insanity takes, and what crime they committed while not in control of their faculties. As an aside first regarding the case in question, it seems to me that the guy should not have been found not guilty by reason of insanity...dousing the body in gasoline to throw off search dogs seems to me to be a sign that he was indeed thinking straight (well somewhat twistedly...but you know what I mean). As a general rule those found not guilty by reason of insanity should be put into a secure mental facility until such time as they are cured. that is the point of the verdict. I am not qualified to say how one determines if somebody is cured or not, but there are professionals who are...let them make the determination, perhaps something akin to a parole board manned by a panel of psychiatrists and psychologists who can review the data and interview the person. Should they be able to participate in day outings, etc.? Well that depends on the individual and the progress of their treatment. The assumption of the verdict is that if the person were cured of their mental defect then they would be perfectly safe to release, and that is the assumption one has to work under. To say a person found criminally insane should be treated any differently due to the nature of the crime is to ignore the meaning of the verdict. I don't like what happened in this case any more than anybody else, but the issue is not in the process, but rather in the judgement of those who decided this guy represented no risk...they were wrong. Their decision should be reviewed by a panel of experts, and if found wanting they should be disciplined, especially if the guy commits any other crimes while out. That being said, however, these people cannot just be held indefinitely, there must be some sort of periodic review of their condition,otherwise being found "not criminally responsible" would simply be a sentence of life without parole....which it is not meant to be.
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